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HomeMy WebLinkAbout06-1030 . . il oG.. IcY; () I.A LJ) STIPULATION AGAINST LIENS The undersigned contractor furnishing services, labor or materials, known as LEON E. WINTERNYER, INC., a Pennsylvania corporation (the "Contractot') intending to be legally bound, and in consideration of the sum of ONE AND NO/1 00 DOLLAR ($1.00) to it in hand paid by OLD FIELD PARTNERSHIP ("Ownet'), the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real estate described in Schedule 'W', attached hereto and made a part hereof, or against any infrastructure, buildings or other improvements thereon (jointly and severally, the "Real Estatfi'), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, the Proposal for which was dated November 22, 2005, the said Proposal having been submitted by Contractor to Owner on February 13, 2006 and accepted by Owner February 13, 2006, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for them, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute right in its name or in the name of the undersigned or any other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and warrants that no work has commenced on the Real Estate, that no materials have been delivered to the Real Estate and that no labor has been furnished for the improvement of the Real Estate by the undersigned. . , This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the \3+t, . day of February, 2006. A TTESTIWITNESS: J (,-,-cd l. l^-~ \\u.\r),~(Fl . . '~s.uUS'S 1Je \il! l(;f)l~..\.j \no., \U.~~~--"t ,. cl\CO:tYlfA (~ . \~O"S{ :,L - ? - . . SCHEDULE A THE REAL ESTATE ALL THAT CERTAIN PARCEL OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, COMMONLY KNOWN AS SUMMERFIELD. BEING MORE PARTICULARLY DESCRIBED IN A CERTAIN DEED DATED MAY 11, 1990 AND RECORDED IN CUMBERLAND COUNTY DEED BOOK 0, VOLUME 34, PAGE 246, FROM MAX D. MARBAIN TO OLD FIELD PARTNERSHIP, OWNER HEREIN. o ~) ~. -~ -.i C", ~ --- --.J -4--., "--' V"'\~ ..:3' - V"\ , 6:". T .... f' .. .~ r.,' I' \" r ~ 1-:'1, , .--' -., \,..-" r') -- ~...'" ,,~:':'